06-29-11 IN THE MATTER OF THE ADOPTION OF N.J.A.C. 7:15-5.24(b) AND N.J.A.C. 7:15-5.25(e)
A-3262-08T1
We uphold the validity of two provisions of the DEP's Water Quality Management Planning Rules. The first regulation, N.J.A.C. 7:15-5.24, prohibits the extension of sewage lines in environmentally sensitive areas. The other regulation, N.J.A.C. 7:15-5.25(e), sets a minimum nitrate level for septic system discharge.
We reject the developer's contention that these provisions are ultra vires and constitute non-water related land use regulation, and conclude that the rules are authorized by a host of statutes that empower DEP to set water quality standards and in doing so to consider related environmental, social and land use policies. The agency's decision, that structuring sewage lines to limit the density of development in environmentally sensitive areas is the most efficient and beneficial way to address water quality concerns in environmentally sensitiveareas, represents a valid and reasonable exercise of the DEP's statutory authority.
